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(영문) 전주지방법원 2013.05.23 2012고단3416

감금

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant, as a victim C (55 years of age) and a male wholesaler, requires the consent of two legal guardians in order to hospitalization of a mentally ill person into a mental hospital by the legal guardian. The legal guardian of a mentally ill person is a person responsible for supporting or guardian under the Civil Act. Since the legal guardian’s priority is in accordance with the order of the legal guardian and guardian under Article 976 of the Civil Act, the aggrieved person is the legal guardian who is the legal guardian, and the Defendant, who is the legal guardian, was well aware of the fact that he is not the legal guardian

1. Around 14:00 on November 16, 201, the public service center of the Jeonnan Police Station in the Jeonan-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, which had three dong-dong-dong-dong-dong-dong-dong-dong-dong-si, had the victim voluntarily withdraw the money in front of the prison and use the money in the victim's passbook during the prison period, and the victim expressed his intent to unlawfully arrest the victim into the mental hospital with the power of receiving hospital treatment as a result of symptoms, such as difficulty in appraisal, etc., and requested the staff in charge of the D Center who is unaware of such circumstance to change the victim's hospitalization from the mental hospital so that the victim was forced to leave the vehicle belonging to the said Center, and after identifying the place where hospitalization is possible, the victim could not leave the victim from the above vehicle for about three hours.

2. On November 18, 201, around 14:00, at the I restaurant run by the Defendant in the Y located in the Y in the Jeonsan-si, Jeonju-si, with the intent to unlawfully detain the victim by advertising that the victim had a record of receiving hospital treatment as a result of an increase in the emotional distress, etc., with the victim being paid the money, and that the victim had a record of receiving hospital treatment, such as the emotional distress, etc., and requesting the staff in charge of the J Hospital located in Jung-gu, Jung-gu to hospitalize the victim. In so doing, the above hospital affiliated with the hospital.